Motion for Preliminary Approval of Settlement by the Court Clause Samples
The Motion for Preliminary Approval of Settlement by the Court is a procedural request submitted to a judge, asking for initial approval of a proposed settlement agreement in a legal case. This motion typically includes details about the settlement terms, the parties involved, and the process for notifying affected individuals, such as class members in a class action lawsuit. Its core function is to ensure that the settlement is fair, reasonable, and adequate before it is presented to the broader group for final approval, thereby protecting the interests of all parties and streamlining the resolution process.
Motion for Preliminary Approval of Settlement by the Court a. After Execution of this Settlement Agreement, Plaintiffs will file a Preliminary Approval Motion with the Court for an order giving Preliminary Approval of the Settlement, setting a date for the Final Approval Hearing, and approving the Class Notice (the “Motion for Preliminary Approval”). Any disagreement among the Parties concerning the Class Notice, the proposed orders, or other documents necessary to implement the Settlement will be referred to the mediator for resolution.
b. Class Counsel shall submit this Agreement and the motion for preliminary approval to the LWDA at the same time as they are submitted to the Court, as required by PAGA.
c. At the hearing on the Motion for Preliminary Approval, the Parties will jointly appear, support the granting of the motion, and submit an Order Granting Preliminary Approval of the Settlement substantially in the form evidenced by Exhibit B to this Agreement and incorporated by reference into this Agreement.
d. Should the Court decline to preliminarily approve material aspects of the Settlement (including but not limited to the scope of release to be granted by Participating Class Members or the binding effect of the Settlement on Participating Class Members), the Parties shall work together in good faith to address any concerns raised by the Court and propose a revised Settlement for the Court’s approval.
Motion for Preliminary Approval of Settlement by the Court a. After Execution of this Settlement Agreement, Plaintiffs will file a Preliminary Approval Motion with the Court for an order giving Preliminary Approval of the Settlement, setting a date for the Final Approval Hearing, and approving the Class Notice (the “Motion for Preliminary Approval”). Plaintiffs will provide Defendants with a draft copy of the Preliminary Approval Motion and related exhibits at least one week prior to filing such Motion. Any disagreement among the Parties concerning the Class Notice, or other documents necessary to implement the Settlement will be referred to the District Judge.
b. At the hearing on the Motion for Preliminary Approval, the Parties will jointly appear, support the granting of the motion, and submit an Order Granting Conditional Certification of Class and Preliminary Approval of Settlement; Approving Class Notice; Appointing Settlement Administrator; and Scheduling Final Approval Hearing substantially in the form evidenced by Exhibit B to this Agreement and incorporated by reference into this Agreement.
c. Should the Court decline to conditionally certify the settlement class or preliminarily approve all material aspects of the Settlement (including but not limited to the scope of release to be granted by Participating Class Members or the binding effect of the Settlement on Participating Class Members), the Settlement will at
d. Within ten (10) days of the filing the Motion for Preliminary Approval, Defendants will, pursuant to CAFA, mail the notice of the Settlement pursuant to the Class Action Fairness Act of 2005, 28 U.S.C. § 1711 et seq. A decision by the Court not to enter the Preliminary Approval Order in its entirety, or a decision by the Court to enter the Preliminary Approval Order with modifications (other than modifications concerning the proposed amount of any attorneys' fees or expenses to be paid to Class Counsel or the amount of any Service Award) that either of the Settling Parties determines in its reasonable and good faith judgment to be material, will be discretionary grounds for that Settling Party to terminate this Stipulation by providing written notice to the other Settling Party and the Court so stating, such notice to be filed within twenty-one (21) calendar days of receipt of the Court's decision.
Motion for Preliminary Approval of Settlement by the Court. Plaintiffs will move the Court for (collectively, “Motion for Preliminary Approval”):
a. Preliminary approval of the terms of this Agreement.
b. Approval of the Class Notice, settlement procedure, and appointment of the Settlement Administrator.
c. Scheduling of a Final Approval Hearing on the question of whether the terms of this Agreement should be finally approved as fair, adequate and reasonable as to Plaintiffs and the Class Members.
Motion for Preliminary Approval of Settlement by the Court a. After execution of this Settlement Agreement, Plaintiffs will file a Motion for Preliminary Approval seeking preliminary approval, approval of the Class Notice, and appointment of Class Counsel, Plaintiffs as the Class Representative, and the CPT Group, Inc., as the Administrator, and setting a date for the Final Approval Hearing.
b. At the hearing on the Motion for Preliminary Approval, the Parties will jointly appear, support the granting of the motion, and submit an Order Granting Preliminary Approval of the Settlement substantially in the form evidenced by Exhibit D to this Agreement and incorporated by reference into this Agreement.
c. Should the Court decline to preliminarily approve material aspects of the Settlement (including but not limited to the scope of release to be granted by Participating Class Members or the binding effect of the Settlement on Participating Class Members), the Parties shall work together in good faith to address any concerns raised by the Court and propose a revised Settlement for the Court’s approval.
Motion for Preliminary Approval of Settlement by the Court a. After Execution of this Settlement Agreement, Plaintiffs will file a Preliminary Approval Motion with the San Diego Superior Court for an order giving Preliminary Approval of the Settlement, setting a date for the Final Approval Hearing, and approving the Class Notice (the “Motion for Preliminary Approval”).
b. Class Counsel agrees to provide to Defendants for review and approval the draft Preliminary Approval Motion and the draft Motion for Final Approval at least three (3) business days before the filing of the motion(s). Class Counsel agrees not to file either motion without providing Defendants an opportunity to review and approve drafts of the filings.
c. At the hearing on the Motion for Preliminary Approval, the Parties will jointly appear, support the granting of the motion, and submit an Order Granting Preliminary Approval of the Settlement substantially in the form evidenced by Exhibit B to this Agreement and incorporated by reference into this Agreement.
d. Should the Court decline to preliminarily approve material aspects of the Settlement (including but not limited to the scope of release to be granted by Participating Class Members or the binding effect of the Settlement on Participating Class Members), the Parties shall work together in good faith to address any concerns raised by the Court and propose a revised Settlement for the Court’s approval.
Motion for Preliminary Approval of Settlement by the Court a. After execution of this Agreement, Plaintiff will file a Preliminary Approval Motion with the Court for an order giving Preliminary Approval of the Settlement, setting a date for the Final Approval Hearing, and approving the Class Notice (the “Motion for Preliminary Approval”).
b. Plaintiff’s Motion for Preliminary Approval will request that the Gross and Net Settlement Amounts be funded, administered and disbursed in two phases, as more particularly described in section III(E)(9) below.
c. At the hearing on Motion for Preliminary Approval, the Parties will appear, support the granting of the motion, and submit an Order granting Preliminary Approval of the Settlement.
d. Should the Court decline to preliminarily approve material aspects of the Settlement (including but not limited to the scope of releases, to be granted by Participating Class Members, the two-phased funding and distribution feature, or the binding effect of the Settlement on Participating Class Members), the Parties shall work together in good faith to address any concerns raised by the Court and propose a revised Settlement for the Court’s approval, if necessary.
Motion for Preliminary Approval of Settlement by the Court i. After execution of this Settlement Agreement, Plaintiffs will prepare and file a Motion for Preliminary Approval with the Court for an order giving Preliminary Approval of the Settlement, setting a date for the Final Approval Hearing, and approving the Class Notice. Plaintiffs shall provide a draft of the Motion for Preliminary Approval to Defendant for their review at least ten (10) calendar days before the filing deadline. Defendant must provide their comments concerning the Motion for Preliminary Approval within seven (7) calendar days of receipt.
ii. At the hearing on the Motion for Preliminary Approval, the Parties will jointly appear, support the granting of the motion, and submit an Order Granting Preliminary Approval of the Settlement.
iii. If the Court declines to preliminarily approve material aspects of the Settlement, the Parties shall work together in good faith to address any concerns raised by the Court and propose a revised Settlement for the Court’s approval.
Motion for Preliminary Approval of Settlement by the Court. 17 a. After execution of this Settlement Agreement, Plaintiff will file a motion 18 for preliminary approval of the Settlement with the Court for an order granting preliminary approval of 19 the Settlement, setting a date for the Final Approval Hearing, and approving the Class Notice (the 20 “Motion for Preliminary Approval”). Any disagreement among the Parties concerning the Class Notice, 21 the proposed orders, or other documents necessary to implement the Settlement will be referred to the 22 Mediator for resolution.
23 b. At the hearing on the Motion for Preliminary Approval, the Parties will 24 jointly appear, support the granting of the motion, and submit a proposed order granting Preliminary 25 Approval of the Settlement.
26 c. In support of Plaintiff’s motion for preliminary approval of the Settlement, 27 Defendant shall provide a declaration regarding their financial position, the nature of Defendant’s 28 business operations, the makeup of Defendant’s workforce, the extent of pre-mediation discovery 1 provided by Defendant, and its need to fund the Gross Settlement Amount in two installment payments.
2 d. Should the Court decline to preliminarily approve material aspects of the 3 Settlement (including, but not limited to, the scope of releases of claims or the binding effect of the
Motion for Preliminary Approval of Settlement by the Court a. Within ten (10) days of the execution of this Settlement Agreement, Class Counsel shall draft and file a motion for preliminary approval.
b. Preliminary Approval Motion and the draft Motion for Final Approval at least three
Motion for Preliminary Approval of Settlement by the Court a. After execution of this Settlement Agreement, Plaintiffs will file a Preliminary Approval Motion with the Court for an order giving Preliminary Approval of the Settlement, setting a date for the Final Approval Hearing, and approving the Class Notice (“Motion for Preliminary Approval”).
b. At the hearing on the Motion for Preliminary Approval, the Parties will jointly appear, support the granting of the motion, and submit an Order Granting Preliminary Approval of the Settlement.
c. Should the Court decline to preliminarily approve material aspects of the Settlement, the Parties shall work together in good faith to address any concerns raised by the Court and propose a revised Settlement for the Court’s approval.